B-43217, AUGUST 12, 1944, 24 COMP. GEN. 115

B-43217, AUGUST 12, 1944, 24 COMP. GEN. 115

MILEAGE - MARINE CORPS OFFICERS - TRAVEL AS PATIENTS BETWEEN HOSPITALS MARINE CORPS OFFICERS TRAVELING UNDER ORDERS AS PATIENTS FROM ONE NAVY HOSPITAL TO ANOTHER IN THE CARE OF MEDICAL PERSONNEL ARE NOT TRAVELING ON OFFICIAL BUSINESS UNDER COMPETENT ORDERS WITHIN THE MEANING OF THE MILEAGE LAWS SO AS TO BE ENTITLED TO PAYMENT OF MILEAGE. (MODIFIED BY 24 COMP. GEN. 719.)

ASSISTANT COMPTROLLER GENERAL YATES TO COL. TOM E. THRASHER, U.S. MARINE CORPS, AUGUST 12, 1944:

THERE HAS BEEN RECEIVED YOUR LETTER OF JULY 4, 1944, TRANSMITTING TWO VOUCHERS, ONE IN FAVOR OF SECOND LIEUTENANT BERNARD POLIAKOFF, U.S. MARINE CORPS, FOR MILEAGE FOR TRAVEL JULY 23-27, 1943, INCIDENT TO TRANSFER IN THE CARE AND CUSTODY OF MEDICAL PERSONNEL FROM U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, TO U.S. NAVAL HOSPITAL, BETHESDA, MARYLAND, AND ONE IN FAVOR OF FIRST LIEUTENANT JAMES D. SMITH, U.S. MARINE CORPS RESERVE, FOR MILEAGE FOR TRAVEL SEPTEMBER 22-26, 1943, INCIDENT TO TRANSFER IN THE CUSTODY AND CARE OF MEDICAL PERSONNEL FROM U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, TO U.S. NAVAL HOSPITAL, BETHESDA, MARYLAND, AND REQUESTING DECISION WHETHER PAYMENT OF MILEAGE IS AUTHORIZED THEREON. YOU STATE THAT THE ABOVE NAMED OFFICERS WERE FURNISHED TRANSPORTATION INCLUDING PULLMAN FROM SAN DIEGO TO WASHINGTON AND THAT THESE TWO VOUCHERS ARE TYPICAL OF A GROUP OF MILEAGE VOUCHERS BEFORE YOU FOR PAYMENT.

LETTER OF THE MEDICAL OFFICER IN COMMAND, U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, DATED JANUARY 28, 1944, TRANSMITTED WITH YOUR REQUEST FOR DECISION IS, IN PERTINENT PART, AS FOLLOWS:

1. ON JULY 23, 1943, TRIP TO BETHESDA, MARYLAND, 2ND LIEUT. BERNARD POLIAKOFF, USMCR, WAS UNDER THE DIRECT SUPERVISION OF TWO ENLISTED HOSPITAL CORPSMEN ATTENDANTS; TOTAL ENLISTED HOSPITAL CORPSMEN ATTENDANTS IN THE PARTY FROM SAN DIEGO TO BETHESDA, MARYLAND: NINE (9).

2.ON THE SEPTEMBER 22, 1943, TRIP TO BETHESDA, MARYLAND, MAJOR GENE S. NEELY, USMC, HAD ONE ATTENDANT; CAPTAIN CHARLES R. LAPP, USMCR, HAD ONE ATTENDANT; ST LT. JAMES D. SMITH, USMCR, HAD TWO ATTENDANTS; TOTAL ENLISTED HOSPITAL CORPSMEN ATTENDANTS IN THE PARTY FROM SAN DIEGO TO BETHESDA, MARYLAND: THIRTEEN (13).

INDIVIDUAL ORDERS WERE ISSUED TO LIEUTENANTS POLIAKOFF AND SMITH AT U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, JULY 23 AND SEPTEMBER 22, 1943, RESPECTIVELY, AS FOLLOWS:

ORDERS FROM: MEDICAL OFFICER IN COMMAND. TO: SECOND LIEUT. BERNARD POLIAKOFF, USMC. SUBJECT: ORDERS. REFERENCE: (A) MARCORPS DESP 172038 JULY 1943 TO NAVHOSP,

SAN DIEGO, CALIF.

1. REFERENCE (A) IS QUOTED HEREWITH FOR COMPLIANCE:

"RECOMMENDATIONS BOARDS MEDICAL SURVEY CASES * * * X * * * AND SECOND/LT BERNARD POLIAKOFF APPROVED BUMPED X REQUEST THESE OFFICERS BE ORDERED NAVHOSP BETHESDA ACCORDANCE ABOVE RECOMMENDATION * * * AND * * * DETACHED * * * AND LT POLIAKOFF DETACHED FOR SAN/DIEGO AREA AS OF DATE TRANSFER X THESE OFFICERS ASSIGNED MARBAKS WASH DC AS OF DATE ADMISSION NAVHOSP BETHESDA"

2. YOU ARE DISCHARGED FROM TREATMENT IN THIS HOSPITAL THIS DATE.

M. D. WILCUTTS.

(SIGNED) H. L. PUGH,

H. L. PUGH,

BY DIRECTION. FROM: MEDICAL OFFICER IN COMMAND. TO: FIRST LIEUT. JAMES D. SMITH, USMCR. SUBJECT: ORDERS. REFERENCE: (A) MARCORPS DESPATCH 1062107 SEPTEMBER, 1943 TO

NAVHOSP SAN DIEGO, CALIFORNIA.

1. REFERENCE (A) IS QUOTED HEREWITH FOR COMPLIANCE:

"ACCORDANCE RECOMMENDATION BOARDS MEDICAL SURVEY APPROVED BUMPED REQUEST MAJOR G S NEELY X CAPTS C R LAPP AND F F PARRY X FIRST LTS. E P MCBRYDE JR AND J D SMITH BE ORDERED PROCEED OVERLAND NAVHOSP BETHESDA MD ACCOMPANIED BY NECESSARY MEDICAL OFFICERS AND ATTENDANTS REPORT MEDICAL OFFICER IN COMMAND FURTHER TREATMENT THAT HOSPITAL X ABOVE OFFICERS DETACHED PRESENT STATION AS OF DATE DISCHARGE TREATMENT NAVHOSP SAN/DIEGO AND ASSIGNED MARBAKS WASHN DC AS OF DATE ADMISSION NAVHOSP BETHESDA AND ON DISCHARGE TREATMENT LATTER HOSPITAL WILL REPORT CO MARBAKS WASHN DC DUTY THAT POST"

2. YOUR ARE DISCHARGED FROM TREATMENT IN THIS HOSPITAL THIS DATE. YOU WILL CARRY OUT BASIC ORDERS. STAND DETACHED FROM THE MARINE DETACHMENT, U.S. NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA THIS DATE.

(SIGNED) M. D. WILLCUTTS.

M. D. WILLCUTTS.

THE ABOVE-QUOTED LETTER OF THE MEDICAL OFFICER IN COMMAND, NAVAL HOSPITAL, SAN DIEGO, CALIFORNIA, INDICATES THAT SCHEDULED TRIPS ARE ARRANGED FOR TRANSFER OF PATIENTS TO THE NAVAL HOSPITAL, BETHESDA, MARYLAND; THAT LIEUTENANTS POLIAKOFF AND SMITH WERE TRANSFERRED ON THE JULY 23, AND SEPTEMBER 22, 1943, TRIPS, RESPECTIVELY, AND THAT EACH WAS ACCOMPANIED BY TWO ATTENDANTS. THE RECORD FURTHER INDICATES THAT EACH OF THESE OFFICERS WHILE EN ROUTE FROM THE NAVAL HOSPITAL, SAN DIEGO, TO THE NAVAL HOSPITAL, BETHESDA, IF ANY, AND THE EXTENT OF MEDICAL ATTENTION REQUIRED ARE NOT SHOWN. HOWEVER, IT HAS BEEN HELD THAT OFFICERS TRAVELING AS PATIENTS FROM ONE HOSPITAL TO ANOTHER ARE NOT TRAVELING ON OFFICIAL BUSINESS UNDER COMPETENT ORDERS ENTITLING THEM TO PAYMENT OF MILEAGE WITHIN THE MEANING OF THE MILEAGE LAWS. A-98567, OCTOBER 21, 1938; 25 COMP. DEC. 97. THE HOSPITALIZATION IN SUCH CASES IS, IN EFFECT, CONTINUOUS, PARTICULARLY WHERE THE PATIENT REQUIRES MEDICAL ATTENTION AND THE SERVICES OF ATTENDANTS WHILE TRAVELING. NO DUTY IS REQUIRED OF THE OFFICER WHEN SO TRANSFERRED, AND WHILE IT MAY BE SAID THAT THE TRAVEL INVOLVED IS IN SOME RESPECTS IN THE PUBLIC INTERESTS, IT SEEMS EVIDENT THAT TRAVEL UNDER SUCH CIRCUMSTANCES, PRIMARILY, IS FOR THE BENEFIT OF THE OFFICER AND IS NOT TRAVEL PROPERLY TO BE CONSIDERED AS TRAVEL ON OFFICIAL BUSINESS UNDER COMPETENT ORDERS ENTITLING THE OFFICER TO PAYMENT OF MILEAGE.

ACCORDINGLY, YOU ARE ADVISED THAT PAYMENT ON THE VOUCHERS SUBMITTED, WHICH WILL BE RETAINED IN THIS OFFICE, IS NOT AUTHORIZED.